United States v. Washington

498 F.3d 225 (2007)

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United States v. Washington

United States Court of Appeals for the Fourth Circuit
498 F.3d 225 (2007)

Facts

Dwonne Washington (defendant) was convicted of driving while under the influence of alcohol and drugs. During Washington’s trial, the government presented expert testimony from Dr. Barry Levine, who testified that Washington’s erratic driving on the night of his arrest was due to phencyclidine (PCP) and alcohol in his blood. Washington objected to Dr. Levine’s testimony as hearsay of the lab technician’s statements. The court overruled Washington’s objection and admitted the testimony. Washington appealed his conviction on the basis that Dr. Levine’s testimony was inadmissible hearsay.

Rule of Law

Issue

Holding and Reasoning (Niemeyer, J.)

Dissent (Michael, J.)

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